Bar Council voices concern over arrest of American lawyer in Kigali

2 June 2010

The Bar Council, which represents barristers in England and Wales, has voiced its deep concern over the arrest of Professor Peter Erlinder in Kigali, Rwanda last Wednesday.

Professor Erlinder is a distinguished academic in the USA and a member of the International Criminal Bar. He had travelled to Kigali to assist in the defence of Victoire Ingabire, who is charged with offences of assisting terrorists, propagating genocide and other offences and returned from exile to stand as an opposition candidate in the forthcoming presidential elections.

Professor Erlinder, has appeared as defence counsel in the trial named Military I which is before the International Criminal Tribunal for Rwanda. In this position he had argued that the plan to commit genocide had not been established by the prosecution evidence; this argument was accepted by the Court and acquittals on counts of genocide were returned.

Vice Chairman of the Bar Council, Peter Lodder QC, said:

“His arrest is a violation of the most basic principle for the proper presentation of a defence, namely the immunity of counsel from any criminal proceedings for defence positions taken in Court.

“The Bar Council urges the United Kingdom government to demand that the Rwandan authorities immediately abandon all charges against Professor Erlinder and release him without any delay.

“If not, there is no doubt that the ability to mount a proper defence in criminal trials is at risk and the fairness of all trials before international criminal courts will have become disastrously affected.”

Ends

Notes to Editors

1. Further information from the Bar Council Press Office on 020 7222 2525.

2. The General Council of the Bar is the Approved Regulator of the Bar of England and Wales. It discharges its regulatory functions through the independent Bar Standards Board. It represents the Bar by:

  • Promoting the specialist advocacy and advisory services of barristers;
  • Ensuring access to justice on terms that are fair both to the public and practitioners;
  • Promoting the high quality training and professional development of all barristers to ensure the highest standards of practice and ethical behaviour;
  • Working for the efficient and cost-effective administration of justice;
  • Encouraging access to, and diversity within, the profession so that it is open to all people of ability whatever their background; and
  • Strengthening and developing the work and the values of the Bar at home and abroad.